What is the conflict between trademark rights and prior rights? 1. Identification of prior rights The fundamental function of a trademark is to distinguish between goods and services, so a registered trademark should first avoid conflict with a trademark that was previously applied for or registered; Because the scope of rights involved in goods and services is not limited to trademark rights, in order to avoid confusion, registered trademarks should not conflict with other rights of others. Article 32 of the Trademark Law is a concrete description of this legislative spirit. Therefore, the existing prior rights stipulated in this article refer to other rights except trademark rights that have been obtained before the date of application for registration of the disputed trademark, mainly including other intellectual property rights and related personal rights stipulated in the Civil Code. (1) Infringement of copyright. Without the permission of the copyright owner, applying for a registered trademark of a work in which another person enjoys copyright shall be deemed as an infringement of the prior copyright of another person. The copyright owner can prove the existence of copyright through the copyright registration certificate, the evidence of the prior publication of the work, and the evidence of inheritance and transfer in advance. If the applicant for trademark registration can prove that his trademark was independently created, it does not constitute an infringement of the prior copyright of others. (2) Patent right of design Where, without the authorization of the patentee, another person applies for the registration of a trademark on the same or similar goods, it shall be deemed as an infringement of the prior patent right of another person. The judgment that the disputed trademark is the same as or similar to the design shall be made according to the examination criteria of comparing the disputed trademark with the design as a whole, or comparing the prominent part of the disputed trademark with the important part of the design. (3) The right of trade name applies for the registration of a trademark with the same or basically the same words as a well-known trade name registered and used by others in advance, which may easily lead the relevant public to mistakenly think that the goods or services identified by the trademark come from the right of trade name, or have some specific connection with the right of trade name, so that the interests of the right of prior trade name may be damaged, and it shall be deemed as an infringement of the right of prior trade name of others. (4) The right to a name, if an application for registration of a trademark with his real name, pen name, stage name or alias is made without the permission of others, which causes or may cause damage to the right to a name of others, it shall be deemed as an infringement of the right to a name of others. In the process of judgment, we should consider the awareness of the name holder among the public. (5) Portrait right. If an application for the registration of a trademark for his portrait without the permission of others has caused or may cause damage to the portrait right of others, it shall be deemed as an infringement of the portrait right of others. Although some disputed trademarks are different from other people's portraits in composition, they reflect the main image characteristics of others, which can make the public's cognition point to the portrait owner and should also be recognized as using his portrait. Third, the legal effect of prior rights is mainly manifested in two aspects: first, the existence of prior rights can be the obstacle to applying for trademark registration and the cause of revocation of registered trademarks. Second, the existence of prior rights can constitute the restriction of the exclusive right to use a registered trademark. (1) The prior right constitutes the obstacle to applying for trademark registration and the reason for revoking the registered trademark. From the provisions of Article 31 of the Trademark Law itself, it can be concluded that if the trademark applied for registration is the same as or similar to the prior right, or there are other forms of conflicts, the trademark registration examination department can directly reject the relevant trademark registration application; In the objection procedure, the relevant obligee can also raise an objection on the grounds of the existence of prior rights, thus preventing the relevant trademark from being registered. For a registered trademark that may conflict with other prior rights, the relevant obligee may request to cancel the disputed trademark through the dispute procedure. According to the provisions of Article 41 of the Trademark Law, if a registered trademark violates the provisions of Article 13 (on the protection of well-known trademarks) and Article 31 (on the protection of prior rights and unregistered trademarks) of this law, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit. The existence of prior rights can be the obstacle of applying for trademark registration and the cause of revocation of registered trademarks, but it does not mean that any prior rights can have such legal effect. The author thinks that only the prior right with high popularity or certain influence in the whole country can be the obstacle to applying for trademark registration and the reason for revoking the registered trademark. The exclusive right to use a registered trademark is obtained through application and examination procedures in accordance with the Trademark Law, and its exclusive right is limited to the registered trademark and the goods (services) approved for use, but it covers the whole country. Logically speaking, when applying for trademark registration, the trademark owner can only foresee those marks that have high market reputation and take measures to avoid them, but it is difficult to foresee the marks with low reputation. If any prior right can prevent others from applying for trademark registration or revoking a registered trademark, it is tantamount to asking the applicant for trademark registration to search and avoid all possible prior right marks, which is obviously impossible. At the same time, it may also lead to all registered trademark rights in an unstable state. In addition, from the perspective of social equity, this practice may cause serious unfairness and lead to a sharp increase in social costs. In addition, registered trademarks and enterprise names conflict with prior rights, and whether such civil cases belong to the scope of court acceptance has caused great controversy in judicial practice because there was no explicit provision at one time. Cai Huaijiang, intellectual property consultant of Beijing Shengtong Sunshine, reminded the public that the prior obligee or interested party may file a trademark objection with the Trademark Office within three months from the date of announcement of the disputed trademark, or request the Trademark Review and Adjudication Board to declare the disputed trademark invalid within five years from the date of registration. In the processing procedure of trademark objection, it should also be judged according to the specific circumstances of the case. If you want to protect your rights by law, I suggest you consult online, and a professional team of lawyers will answer your questions and protect your rights and interests in a timely and legal manner. Legal objectivity:

Article 6 of the Trademark Law of the People's Republic of China commits one of the acts listed in Article 57 of this Law that infringe on the exclusive right to use a registered trademark, and if a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademark marks. If the illegal business amount is more than 5, yuan, it may be fined less than five times the illegal business amount, and if there is no illegal business amount or the illegal business amount is less than 5, yuan, it may be fined less than 25, yuan. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe on the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves and explain the supplier.